Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (28/04/2009) regarding: Report to the States - Temporary Insolvency Scheme.

Decision Reference: MD-S-2009-0017
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Temp Insolvency Scheme 28Apr09		Date of Decision Summary:	28 April 2009
Decision Summary Author:	Kate Morel, Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	L:\General Information\Workgroups\Policy\Employment\ \Ministerial decisions\ WR Temp Insolvency Scheme 28Apr09		Date of Written Report:	28 April 2009
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Report to the States - Temporary Insolvency Scheme
Decision(s): The Minister decided to present a Report to the States setting out the temporary scheme that will operate in insolvency situations. The scheme will make compensatory payments in lieu of statutory periods of notice on termination of employment (under the Employment (Jersey) Law 2003).
Reason(s) for Decision: Further to the States adoption of P34/2009 – Payment of Statutory Notice payments: establishment of precedent - (as amended) on 25 March 2009, the Minister has prepared a Report setting out the criteria in relation to compensatory payments in lieu of statutory notice where an employer is insolvent. The temporary scheme does not cover any other types of payment in an insolvency situation, such as unpaid wages, and it does not cover statutory notice pay or any other payment when the employer is not insolvent. The temporary scheme is designed to operate until the formal insolvency scheme, backed by legislation, is put in place later in 2009.
Resource Implications: £200,000 has been allocated to fund the temporary scheme which will operate until those funds have been exhausted. There are temporary manpower implications for the Social Security Department, which cannot be quantified at this time as the number of potential insolvencies and subsequent claims from employees is indefinite.
Action required: States Greffe to arrange for the Report to be presented to the States at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):